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  • [pib] National Commission for Women

    The Central Government has nominated Smt. Rekha Sharma, as Chairperson of the National Commission for Women for another term of three years.

    National Commission for Women

    • The NCW is the statutory body generally concerned with advising the government on all policy matters affecting women.
    • It was established on 31 January 1992 under the provisions of the Indian Constitution as defined in the 1990 National Commission for Women Act.
    • The first head of the commission was Jayanti Patnaik.

    Constitutional provision

    • The Indian Constitution doesn’t contain any provision specifically made to favor women intrinsically.
    • Article 15 (3), Article 14 and Article 21 protect and safeguard women. They are more gender-neutral.

    Objectives

    • The objective of the NCW is to represent the rights of women in India and to provide a voice for their issues and concerns.
    • The subjects of their campaigns have included dowry, politics, religion, equal representation for women in jobs, and the exploitation of women for labor.
    • They have also discussed police abuses against women.

    Composition of National Commission for Women

    The Commission shall consist of:

    • A Chairperson, committed to the cause of women, to be nominated by the Central Government.
    • five Members to be nominated by the Central Government from amongst persons of ability, integrity and standing who have had experience in law or legislation, trade unionism, management of an industry potential of women, women’s voluntary organizations (including women activist), administration, economic development, health, education or social welfare;
    • Provided that at least one Member each shall be from amongst persons belonging to the Scheduled Castes and Scheduled Tribes respectively;

    Powers of NCW

    • Provide consultation on all major policy matters that affect women.
    • Issuing summons for the examination of documents and the witnesses.
    • It has the power to make any public record.
    • Receiving evidence on affidavits
    • Discovery and production of documents
    • Summoning and enforcement

    Functions of the NCW

    • Presentation of reports: Table reports should be submitted to the Central Government every year. When the commission feels it’s appropriate. The reports upon the functioning and working of the safeguards.
    • Investigation and Examination: There should be proper investigation and examination made under the Constitution and other laws. This is related to the protection of the rights of women.
    • Review of laws: Constantly all laws are reviewed and scrutinized. And necessary amendments and alterations are made to meet the needs of the current world.
    • Cases of Violation: Ensure there is no violation against women and taking due care of such cases.
    • Suo Motu Notice: It takes care of complaints and also suo motu matters about the deprivation of rights of women. Implementation of laws favoring the welfare of women.
    • Evaluation: Assessing the development and the progress of the women community under the Center and State level.
    • Special studies and investigation: To understand the limitations in the system and curb it with strategic plans and mechanisms.

    Powers of the NCW

    • Not concrete powers: The NCW is only recommendatory and has no power to enforce its decisions. Often it takes action only if the issues are brought to light.
    • Legal powers: Commission lacks constitutional status, and thus has no legal powers to summon police officers or witnesses.
    • Less funding: NCW’s functions are dependent on the grants offered by the central government. Financial assistance provided to the Commission is very less to cater to its needs.
    • Political interference: It does not have the power to choose its own members.

  • Who was Major Dhyan Chand?

    The PM has announced that the Rajiv Gandhi Khel Ratna Award will now be named after Major Dhyan Chand.

    Despite being a trillion population, what ails India’s limted success (not failure) at the Olympics in your opinion?

    [wpdiscuz-feedback id=”j4lq2ymhod” question=”What do you think?” opened=”1″]Spark the debate![/wpdiscuz-feedback]

    Who was Dhyan Chand?

    • Quite simply, he was the first superstar of hockey, considered a wizard or magician of the game.
    • He was the chief protagonist as India won three consecutive Olympic hockey gold medals — Amsterdam 1928, Los Angeles 1932, and Berlin 1936.
    • He is said to have wowed the watching public with his sublime skills, intricate dribbling and gluttonous scoring ability.
    • During those tournaments, there was no team that could compete with India — and most of the matches saw huge victory margins.
    • India beat hosts the Netherlands 3-0 in the 1928 final, the US were thrashed by a scarcely-believable margin of 24-1 in the 1932 gold medal match, while Germany went down 8-1 in the 1936 decider.
    • In all, Dhyan Chand played 12 Olympic matches, scoring 33 goals.

    Legends associated with Dhyan Chand

    • It is said that once his sublime skill and close control of the ball aroused such suspicion that his stick was broken to see whether there was a magnet inside.
    • During the 1936 Berlin Games, Adolf Hitler offered him German citizenship and the post of Colonel in his country’s Army, a proposition the Indian ace refused.

    Why does the name evoke such emotion?

    • Dhyan Chand played during India’s pre-independence years, when the local population was subjugated and made to feel inferior by the ruling British.
    • Hence, seeing an Indian dominating the Europeans in a sport invented by them evoked a lot of pride in them.
    • There has been a long-running campaign arguing that Dhyan Chand be posthumously awarded the Bharat Ratna, the country’s highest honour.
    • Before Independence and for some years after that, hockey was the only sport in which India consistently excelled at the international and Olympic stage.
    • In fact, starting from Amsterdam 1928, India won seven of the eight hockey gold medals at the Games.
    • Apart from K D Jadhav’s wrestling bronze at Helsinki 1952, India had to wait until Atlanta 1996 and tennis player Leander Paes for an Olympic medal in a sport other than hockey.

    Why is the renaming of the award significant?

    • The eight gold medals in hockey have often been termed as the millstone around the necks of the subsequent generation of players.
    • The modern game is an altogether different sport from the one played in Dhyan Chand’s era.
    • The Europeans and Australians have become much more proficient over the decades, while the change of surface has put a premium on fitness, speed, stamina, and physical strength.
    • India had not managed to get into the top four at the Olympics since the boycott-affected Moscow Games in 1980.
    • The later generations may have felt out of touch with the golden years, about which one could only read in books or listen to in tales of the protagonists and those who witnessed the heroics.

  • Honour of the National Flag

    Ahead of Independence Day, the Centre has urged all citizens not to use a national flag made up of plastic and asked states and Union Territories to ensure strict compliance with the flag code.

    Prevention of Insults to National Honour Act

    • The law, enacted on December 23, 1971, penalizes the desecration of or insult to Indian national symbols, such as the National Flag, the Constitution, the National Anthem, and the Indian map, as well as contempt of the Constitution of India.
    • Section 2 of the Act deals with insults to the Indian National Flag and the Constitution of India.

    Do you know?

    Article 51 ‘A’ contained in Part IV A i.e. Fundamental Duties asks:

    To abide by the constitution and respect its ideals and institutions, the National Flag and the National Anthem in clause (a).

    Other provisions

    • Section 3.22 of The Flag Code of India, 2002 deals with laws, practices and conventions that apply to the display of the national flag.
    • Section 3.58 says: On occasions of State/Military/Central Paramilitary Forces funerals, the flag shall be draped over the bier or coffin with the saffron towards the head of the bier or coffin.
    • The Flag shall not be lowered into the grave or burnt in the pyre.

    Try this

    Q.The national motto of India, ‘Satyameva Jayate’ inscribed below the Emblem of India is taken from:

    (a) Katha Upanishad

    (b) Chandogya Upanishad

    (c) Aitareya Upanishad

    (d) Mundaka Upanishad

    [wpdiscuz-feedback id=”bqrsust0mi” question=”Please leave a feedback on this” opened=”1″]Answer this PYQ here: [/wpdiscuz-feedback]

    Use of flag in funerals

    • The flag can only be used during a funeral if it is accorded the status of a state funeral.
    • Apart from police and armed forces, state funerals are held when people who are holding or have held the office of President, Vice-President, PM, Cabinet Minister, or state CM pass away.
    • The status of a state funeral can be accorded in case of death of people not belonging to the armed forces, police or the above-mentioned categories by the state government.
    • Then too, the national flag can be used.

    Disposing of the national flag

    • A/c to the Flag Code, such paper flags are not to be discarded or thrown on the ground after the event.
    • Such flags are to be disposed of, in private, consistent with the dignity of the flag.

    Back2Basics:

    Story of our National Flag

     

  • 127th Constitutional Amendment Bill

    The Government will bring the 127th Amendment Bill to Parliament to clarify “some provisions in the 102nd Constitutional amendment Bill” to restore the power of the states to identify backward classes — a demand made by a number of regional parties and even the ruling party’s own OBC leaders.

    Try answering:

    Q. Consider the following statements:

    1. An amendment to the Constitution of India can be initiated by an introduction of a bill in the Lok Sabha only.
    2. If such an amendment seeks to make changes in the federal character of the Constitution, the amendment also requires to be ratified by the legislature of all the States of India.

    Which of the statements given above is/are correct? (CSP 2013)

    (a) 1 only

    (b) 2 only

    (c) Both 1 and 2

    (d) Neither 1 nor 2

     

    [wpdiscuz-feedback id=”q7zfr0mjpa” question=”Please leave a feedback on this” opened=”1″][/wpdiscuz-feedback]

    127th Constitutional Amendment Bill

    • The Constitutional 127th Amendment Bill will amend Articles 342 A — clauses 1 and 2 — and will introduce clause 342 A (3) specifically authorizing states to maintain their State List.
    • There will be a consequential amendment in Articles 366(26C) and 338B (9). States will then be able to directly notify OBC and SEBCs without having to refer to the NCBC.
    • There has been some confusion about what comprises a state and Central list, and this clause will clarify that.

    Why need amendment?

    • The Centre had earlier moved a review petition in the Supreme Court challenging the court’s interpretation of the 102nd amendment of the Constitution in the Maratha reservation judgment.
    • The 102nd CA had scrapped the power of the states to identify and notify socially and educationally backward classes.
    • The move is politically significant as the govt is banking heavily on OBC votes in key states that go to the polls next year.

    About the 102nd CAA

    • The 102nd  CAA, 2018 has given constitutional status to the National Commission for Backward Classes (NCBC).
    • With this, NCBC gets powers to examine the grievances in the implementation of the various welfare schemes meant for OBCs.
    • The status of the Central list of OBCs has been elevated by giving constitutional status to the list.
    • It has given powers to the Parliament to make changes in the Central OBC list.

    Back2Basics: Constitutional Amendment

    • Amending the Constitution of India is the process of making changes to the nation’s fundamental law or supreme law.
    • The procedure of amendment in the constitution is laid down in Part XX (Article 368) of the Constitution of India.
    • There is a limitation imposed on the amending power of the constitution of India.
    • The most famous among them is the Basic structure doctrine as laid down by the Supreme Court in the case of Kesavananda Bharati v. State of Kerala (1973).

    Procedure

    • An amendment of the Constitution can be initiated only by the introduction of a Bill in either House of Parliament.
    • The Bill must then be passed in each House by a majority of the total membership of that House and by a special majority of not less than two-thirds of the members present and voting.
    • There is no provision for a joint sitting in case of disagreement between the two Houses.
    • If the amendment seeks to make any change in any of the provisions mentioned in the provision to article 368, it must be ratified by the Legislatures of not less than one-half of the States.
    • Although there is no prescribed time limit for ratification, it must be completed before the amending Bill is presented to the President for his assent.

    Types:

    1. Simple majority of the Parliament: Creation of new states, Delimitation of constituencies etc.
    2. Special majority of the Parliament: for Fundamental rights and DPSPs
    3. Special majority of the Parliament and the ratification of at least half of the state legislatures: Election of the President and its manner, Supreme Court and high courts etc.

  • [pib] SATYAM Programme

    The Ministry of Science & Technology (MoST) is implementing the Science and Technology of Yoga and Meditation (SATYAM) Programme to explore the effect of yoga and meditation as add on therapy to fight COVID-19.

    SATYAM Programme

    • The MoST is implementing SATYAM Programme since the year 2015-16 to promote scientific research in the field of yoga and meditation in order to understand its role in human wellbeing.
    • Its main objective is encouraging scientists, clinicians and experienced practitioners of yoga and meditation, with a proven track record, to submit concept notes.

    Themes covered:

    • Investigations on the effect of Yoga and Meditation on physical and mental health and well being.
    • Investigations on the effect of Yoga and Meditation on the body, brain, and mind in terms of basic processes and mechanisms.

    Focus on COVID

    It shall focus on three dimensions of COVID related illness:

    • Mental Stress
    • Respiratory
    • Immune system

  • Resolving the Assam-Mizoram issue

    Context

    The violent stand-off between the Assam and Mizoram armed policemen at Vairengte in Mizoram, on July 26, took six lives and left over 50 injured is the culmination of a long-standing border dispute.

    History of the boundary issue

    • The ‘inner line’ boundary of the Lushai hills was ‘fixed’ in 1875 on the southern border of Assam’s Cachar district.
    • In line with the colonial practice of ‘fixing’ borders, this boundary was however not ‘precise’ as it was drawn largely using natural markers such as rivers and hills.
    • In post-independent India, the Mizoram government has accepted this boundary in preference over the subsequent revisions made by the colonial government.
    • There was a change in boundary when the Inner Line Permit under the Bengal Eastern Frontier Regulation, 1873 was extended to the Lushai hills district in 1930 and 1933.
    • The Mizoram government perceives that the boundary instituted by these revisions amounted to unilateral superimposition.
    • These revisions are also seen to conspicuously fail to recognise the Mizo’s long-standing historical rights to use the un-demarcated southern border of Cachar as their hunting ground, for jhum cultivation, and as sites of their resource extraction including rubber and timber.
    • However, considering that borders cannot be driven by perception but by institutionalised rules and laws, Assam’s government continues to refuse to accept Mizoram’s standpoint.
    • The Assam government considers Mizo plantation and settlements in the Inner Line Reserve Forest areas as an ‘encroachment’.

    People-centric Vs. State-centric approach in dispute

    • At the heart of this dispute is the contending approaches of the Assam and Mizoram governments to ‘borders’, namely ‘state-centric and ‘people-centric approaches.
    • The Assam government represent a continuum of the colonial ‘state-centric’ approach to borders which gives premium to legal, juridical and administrative recognition and protection of the border.
    • The Mizoram government advocate a ‘people-centric approach seeks to give a premium to the historical and traditional rights of the local indigenous people.
    • The Mizoram government also advocate the principle of uti possidetis juris (‘as you possess under law’, including customary law) on the other hand.

    Way forward

    • Historical context: Fixing the Assam-Mizoram border and resolve the dispute need to be sensitive to the historical context.
    • Deep historical knowledge, sensitivity and an accommodative spirit need to inform dialogue and negotiation under the neutral supervision of the Centre.
    • Inter-governmental forum: It is about time that the Centre sets up a permanent inter-governmental forum to involve important stakeholders in order to effectively manage border and territorial conflicts.
    • Quick-fix solution should be avoided: Any quick-fix solution driven by temporal electoral considerations should be avoided if we were to resuscitate and sustain interdependent Assam-Mizoram borders and beyond.

    Conclusion

    The resolution should be sensitive to the possibility of fluid and overlapping sovereignty, where forest ‘commons’ are seen not simply as sites of revenue-extraction but as powerful symbols of identity and sustainable livelihood resources for the local people.

  • State of food insecurity

    Context

    The latest edition of the State of Food Security and Nutrition in the World (SOFI) report, released jointly by five UN organisations in July, reveals that the pandemic and failure on the part of state to combat its effects, has led to a significant increase in the prevalence of hunger and food insecurity in the country.

    About the report

    • Estimates on food insecurity presented in the SOFI report are based on two globally-accepted indicators of food insecurity:
    • 1) The Prevalence of Undernourishment (PoU), which estimates the proportion of people suffering from chronic deficiency of calories.
    • 2) A more recently developed an experience-based indicator called the Prevalence of Moderate and Severe Food Insecurity (PMSFI).
    • The PoU estimates are based on estimates of per-capita supply of food and distributional parameters estimated using the national consumption surveys
    • On the other hand, PMSFI estimates are based on data collected through surveys that attempt to capture people’s experiences of food insecurity (such as eating less, modifying diet to eat cheaper food etc).
    • No assessment of food insecurity during a pandemic: The PMSFI estimates presented in the report are particularly important because, since the outbreak of the pandemic, the Indian government has not undertaken any official assessment of food insecurity in the country.
    • Not only has the government not conducted its own consumption or food security surveys, it does not approve the publication of results based on the Gallup World Poll.
    • As a result, estimates for India are not published in the SOFI reports.
    • However, these can still be obtained indirectly because the data are presented for South Asia and for “South Asia (excluding India)”.
    • Estimates for India can be obtained by comparing the two sets of data.

    What the report says

    • According to the data presented in the report, the prevalence of moderate to severe food insecurity in India rose by about 6.8 percentage points in 2018-20.
    • Data show that there were about 43 crore of moderate to severe food-insecure people in India in 2019.
    • As a result of the pandemic-related disruptions, this increased to 52 crore in one year.
    • In terms of prevalence rates, moderate to severe food insecurity increased from about 31.6 per cent in 2019 to 38.4 per cent in 2021.

    Causes of food insecurity in India

    • Economic distress: The problems of hunger and food insecurity are grave in India because of widespread economic distress, high unemployment and high levels of inequality.
    • Dependence on informal economy: A large proportion of the poor is dependent on the informal economy in which incomes are too low and uncertain.
    • Unemployment: Unemployment rates have risen sharply over the last few years, shrinking public investment and the economic slowdown have compounded the distress among working classes and the peasantry.
    • With low and uncertain incomes, families dependent on the informal economy do not have assured access to adequate and nutritious food.

    Way forward

    • Monitoring system: There is an urgent need for the government to establish systems for regular monitoring of the food security situation in the country.
    • Universal access to food: It is ironic that the country with the largest stock of grain in the world — 120 million tonnes as of July 1, 2021 — accounts for a quarter of the world’s food-insecure population.
    • Universalising access to the public distribution system is the need of the hour at least during the pandemic.

    Conclusion

    The increasing severity of food insecurity in India points to the urgent need for measures by the government to ensure the right to food of citizens of India.

  • No fundamental right to strike

    Context

    Recently, the Minister of Defence introduced the Essential Defence Services Bill, 2021.

    About the Essential Defence Services Bill, 2021

    • The Bill seeks to provide for the maintenance of essential defence services so as “to secure the security of nation and the life and property of the public at large”.
    • Prohibit strike by ordinance factory staff: It prevents staff of the government-owned ordnance factories from going on strike.
    • Power to declare essential service: The Bill seeks to empower the government to declare services mentioned in it as “essential defence services” and prohibit strikes and lockouts in any industrial establishment or unit engaged in such services.

    No fundamental right to strike

    • There is no fundamental right to strike under Article 19(1)(a) of the Constitution.
    • Under Article 33 of the Constitution, Parliament, by law, can restrict or abrogate the rights of the members of the armed forces or the forces charged with the maintenance of public order.
    • Thus, for the armed forces and the police, where discipline is the most important prerequisite, even the fundamental right to form an association can be restricted under Article 19(4) in the interest of public order and other considerations.

    Supreme Court judgements on the issue

    • Many states prohibit strikes: This is not for the first time that strikes by government employees are being made explicitly illegal by the government, many states have similar provisions.
    • The Supreme Court in Delhi Police v. Union of India (1986) upheld the restrictions to form association by the members of the non-gazetted police force.
    • While the right to freedom of association is fundamental, recognition of such association is not a fundamental right.
    • Parliament can by law regulate the working of such associations by imposing conditions and restrictions on their functions, the court held.
    • In T.K. Rangarajan v. Government of Tamil Nadu (2003), the Supreme Court held that the employees have no fundamental right to resort to strike.

    Conclusion

    Strikes cannot be justified on any equitable ground. Strike as a weapon is mostly misused which results in chaos

  • 2 years of Repeal of Article 370

    Context

    Two years ago, India bid farewell to Articles 370 and 35 (A), marking the start of a new era in the politics of Jammu and Kashmir.

    Assessing the impact of changes on five parameters

    1) National unity

    • Articles 370 and 35 (A) created an unnatural and unhealthy divide in our nation.
    • For every law passed, every rule made, we had to ascertain whether it applied to J&K or not.
    • Today, such distinctions are history, J&K has been fully integrated with the other states and Union Territories.

    2) Democracy at the grass-root level

    • A healthy culture of grassroots-level participation was absent.
    • Panchayat polls held: One of the critical deliverables for J&K was to hold panchayat polls, which were finally held in 2020.
    •  This one step will go a long way in shaping the development paradigm in Jammu and Kashmir.
    • Political activity has also picked up across Jammu and Kashmir.
    • The Centre’s emphasis on a proper delimitation followed by full-fledged elections is in line with the commitments made to the people of Jammu and Kashmir.

    3) Peace

    • The third parameter is that of peace.
    • The memories of 2008, 2010 and 2016 are still fresh in the minds of the people of Jammu and Kashmir.
    • An effort was made to reignite such sparks of tension after the decisions on Article 370 and 35 (A) but the Valley as well as Jammu have remained peaceful.

    4) People’s aspirations

    • Jammu and Kashmir did not have RTI laws and its SC, ST and OBC communities were not able to get the benefits of reservation
    • The fact that the most marginalised groups can now get reservation benefits is a major leap forward in fulfilling the aspirations of the people of J&K.

    5) Economic growth

    • The Valley is today abuzz with news of action against corruption in key departments and financial bodies in the state.
    • Money being sent for public good was being misused by vested interest groups.
    • The economic upliftment in the Valley began with the Prime Minister’s Package of 2015.
    • This set the stage for extensive spending on physical and social infrastructure.
    • With the going of 370 and 35 (A) there is great hope that tourism will pick up in the Valley.
    • Incentives given to different sectors of the economy — be it saffron farmers or those who fish trout — combined with a largely peaceful environment is empowering many lives.
    • With corruption and leakages drastically reduced, resources are reaching the intended beneficiaries.

    Conclusion

    The situation in Jammu and Kashmir was never easy. As we enter the Amrut Mahotsav, it is for us to see the new realities in J&K. The people of the state have got the wings to fly and, in the years to come, J&K will make even greater contributions to India’s growth and development.

  • CJI recuses himself from Andhra-Telangana Case

    The Chief Justice of India (CJI) N V Ramana (who hails from AP) recused himself from hearing Andhra Pradesh’s plea after it said “no” to the Supreme Court’s suggestion to go for mediation over a dispute with Telangana over the Krishna River dispute.

    Q. Can you list down some basic principles of judicial conduct?

    Independence, Impartiality, Integrity, Propriety, Competence and diligence and Equality are some of them as listed under the Bangalore Principles of Judicial Conduct.

    What is the Recusal of Judges?

    • Recusal is the removal of oneself as a judge or policymaker in a particular matter, especially because of a conflict of interest.
    • Recusal usually takes place when a judge has a conflict of interest or has a prior association with the parties in the case.
    • For example, if the case pertains to a company in which the judge holds stakes, the apprehension would seem reasonable.
    • Similarly, if the judge has, in the past, appeared for one of the parties involved in a case, the call for recusal may seem right.
    • A recusal inevitably leads to delay. The case goes back to the Chief Justice, who has to constitute a fresh Bench.

    Rules on Recusals

    • There are no written rules on the recusal of judges from hearing cases listed before them in constitutional courts.
    • It is left to the discretion of a judge.
    • The reasons for recusal are not disclosed in an order of the court. Some judges orally convey to the lawyers involved in the case their reasons for recusal, many do not. Some explain the reasons in their order.
    • The decision rests on the conscience of the judge. At times, parties involved raise apprehensions about a possible conflict of interest.

    Issues with recusal

    • Recusal is also regarded as the abdication of duty. Maintaining institutional civilities is distinct from the fiercely independent role of the judge as an adjudicator.
    • In his separate opinion in the NJAC judgment in 2015, Justice Kurian Joseph highlighted the need for judges to give reasons for recusal as a measure to build transparency.
    • It is the constitutional duty, as reflected in one’s oath, to be transparent and accountable, and hence, a judge is required to indicate reasons for his recusal from a particular case.

    Back2Basics:

    https://www.civilsdaily.com/news/krishna-water-dispute/